Town of Greenfield, NY
Saratoga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Greenfield 7-22-1986 by L.L. No. 3-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 40.
Subdivision of land — See Ch. 90.
Zoning — See Ch. 105.
This chapter shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code in the Town of Greenfield and shall establish powers, duties and responsibilities in connection therewith.
The governing body shall designate an official inspection agency for the New York State Uniform Fire Prevention and Building Code within the Town of Greenfield.
A. 
The Town of Greenfield shall promulgate rules and regulations to secure the intent and purposes of this chapter and a proper enforcement of the laws, ordinances, rules and regulations governing building plans, specifications, construction, alteration or repairs.
B. 
The Town of Greenfield shall publish all rules and regulations at least 10 days prior to the effective date thereof in a newspaper of general circulation within the Town of Greenfield.
[Amended 9-8-2011 by L.L. No. 1-2011]
A. 
The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this chapter. The Code Enforcement Officer shall have the following powers and duties:
(1) 
To receive, review, and approve or disapprove applications for building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits, and the plans, specifications and construction documents submitted with such applications;
(2) 
Upon approval of such applications, to issue building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits, and to include in building permits, certificates of occupancy, certificates of compliance, temporary certificates and operating permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate;
(3) 
To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, certificates of compliance, temporary certificates and operating permits, fire-safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter;
(4) 
To issue stop-work orders;
(5) 
To review and investigate complaints;
(6) 
To issue orders pursuant to § 54-7, Prohibited acts; notice of violation; effect of noncompliance, of this chapter;
(7) 
To maintain records;
(8) 
To collect fees as set by the Town Board of the Town of Greenfield;
(9) 
To pursue administrative enforcement actions and proceedings;
(10) 
In consultation with the Town of Greenfield's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter; and
(11) 
To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter.
B. 
The Code Enforcement Officer shall be appointed by Town Board. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
C. 
In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Town Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this chapter.
D. 
One or more inspectors may be appointed by the Town Board to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this chapter. Each inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
E. 
A person subject to inspection under § 54-6 may be required by the Building Inspector to have such inspection performed at his or her own cost and expense by a competent inspector acceptable to the Building Inspector. Such inspector may be a registered architect, licensed professional engineer, certified building inspector or other person whose experience and training has been demonstrated to the satisfaction of the Building Inspector. Such inspector shall certify the results of his or her inspection to the Building Inspector. Except for inspections and certifications required by Attachment 3 of this chapter,[1] any person required by the Building Inspector to have an inspection performed at his or her own cost and expense shall have the cost of such inspection deducted from fees assessed as prescribed in this chapter.
[1]
Editor's Note: Attachment 3, Appendix A310.3: Plot Plan Requirements, is included at the end of this chapter.
F. 
The compensation for the Code Enforcement Officer and inspectors shall be fixed from time to time by the Town Board of the Town of Greenfield.
A. 
No person, firm or corporation shall commence the erection, construction, alteration, enlargement, improvement, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the official inspection agency for each such building or structure, except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature, storage buildings, 192 square feet or less, and tent-style storage structures.
[Amended 2-8-1996 by L.L. No. 1-1996; 2-13-2003 by L.L. No. 1-2003]
B. 
Application for a building permit shall be made to the official inspection agency on forms provided by it and shall contain the following information:
(1) 
A description of the land on which the proposed work is to be done.
(2) 
A statement of the use or occupancy of all parts of the land and the proposed building or structure.
(3) 
The valuation of the proposed work.
(4) 
The signature of the applicant or agent.
(5) 
The full name and address of the owner and of the applicant, and the full names and addresses of their responsible officers if any of them are corporations, and the name and address of the owner's authorized agent, if any.
(6) 
A brief description of the nature of the work.
(7) 
Such other information as may reasonably be required by the inspector to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances, rules and regulations and the Zoning Law of the Town of Greenfield,[1] which zoning compliance shall be the Town's responsibility.
[1]
Editor's Note: See Ch. 105, Zoning.
C. 
The application shall be made by the owner or by his agent, architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner that the proposed work is authorized by the owner and that the applicant is authorized to make such application, and the affidavit shall contain a statement that the owner authorizes the applicant to permit the inspector to enter upon the premises without a search warrant.
D. 
Each application for a building permit shall be accompanied by duplicate copies of specifications, including a plot plan drawn to scale, showing location and size of all proposed new construction and all existing structures on the site, the nature and the character of the work to be performed and the materials to be incorporated, distances from lot lines, walks and alleys, and details of structural, mechanical and electrical work, including computations, stress diagrams and other essential data. In addition, applications including installation or alteration of a septic system shall include duplicate copies of the information described in Appendix A310.3.[2] Plans and specifications shall bear the signature of the person responsible for the design and drawings.
[Amended 2-13-2003 by L.L. No. 1-2003]
[2]
Editor's Note: Appendix A310.3, is included at the end of this chapter.
E. 
Any residential dwelling and/or residential addition, plus any commercial business and industrial building, will require submitted plans, including a New York State licensed professional engineer or architect approval, before a building permit will be issued.
[Amended 2-8-1996 by L.L. No. 1-1996; 2-13-2003 by L.L. No. 1-2003]
(1) 
The submitted plans must have a statement from the design professional that the building design meets or exceeds the New York State Energy Conservation Construction Code and the Building Code of New York State. This statement is to appear on each sheet of design plans and shall be stamped and signed by the design professional.[3]
[3]
Editor's Note: Former Subsection E(2), concerning certification of compliance, which immediately followed this subsection, was repealed 9-28-2011 by L.L. No. 1-2011.
F. 
Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Town of Greenfield and with the inspector, and approval shall be received from the inspector prior to the commencement of such change of work.
G. 
The inspector shall examine or cause to be examined at no cost to the Town all applications for permits and the documents filed therewith. He shall then approve or disapprove the application.
H. 
Upon approval of the application and upon receipt of the fees therefor, the designated inspection agency shall issue a building permit to the applicant upon forms prescribed by it and shall file a copy with the Town of Greenfield.
I. 
If the application, together with other documents filed therewith, describes work which does not conform to all of the requirements of the applicable building regulations, the inspector shall disapprove the same. Upon request of the applicant, the inspector shall cause the refusal, together with the reasons therefor, to be transmitted to the applicant in writing.
J. 
Term of building permits; extensions.
[Amended 2-8-1996 by L.L. No. 1-1996; 9-10-1998 by L.L. No. 3-1998; 2-13-2003 by L.L. No. 1-2003]
(1) 
A building permit shall be effective to authorize the commencing of work for a period of one year after the date of issuance. For good cause, the inspector may allow extensions of building permits for periods not exceeding six months each at a rate of 50% of the original permit fee per extension. Garage, outbuilding, deck and HVAC permits shall be effective for a period of six months after the date of issuance. For good cause, the inspector may allow extension of these building permits for periods not exceeding three months each at a rate of 50% of the original permit fee but not less than $25 per extension. Notwithstanding the foregoing, building permits for swimming pools shall be effective for a period of 30 days after the date of issuance; for good cause, the inspector may allow extensions for swimming pool building permits not exceeding 15 days each at a rate of 50% of the original permit fee but not less that $25 per extension. All work shall conform to the approved application and shall be in accordance with applicable laws, ordinances, rules and regulations.
[Amended 5-8-2008 by L.L. No. 1-2008]
(2) 
All building permits must be kept current. It is the owner's responsibility to renew a building permit. Building permits expired 30 days or more will be considered in violation of this chapter and subject to any and all penalties allowed in § 54-8.
K. 
A building permit shall be prominently displayed on the job site at all times during the progress of the work so as to be readily seen from adjacent thoroughfares.
L. 
The inspector may revoke a permit in the following instances:
(1) 
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application or other documents on which the building permit was based.
(2) 
Where he finds that the building permit was issued in error and should not have been issued in accordance with applicable law.
(3) 
Where he finds that the work performed under the permit is not being prosecuted in accordance with the applicable law and provisions of the application.
(4) 
Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the inspector.
M. 
No person, firm or corporation shall commence the construction, alteration, enlargement or improvement of a driveway entering onto a Town road, or cause the same to be done, without first obtaining a driveway permit from the Town Highway Superintendent. Applications for driveway permits shall be made on forms provided by the Town of Greenfield and shall contain such information as per Appendix A310.1.[4] Driveways must be constructed in accordance with the requirements set forth by the Town of Greenfield on the driveway permit application form.
[Added 2-8-1996 by L.L. No. 1-1996; amended 2-13-2003 by L.L. No. 1-2003]
[4]
Editor's Note: Appendix A310.1 is included at the end of this chapter.
A. 
Inspection required for issuance of certificate of compliance; work to be accessible.
[Amended 9-8-2011 by L.L. No. 1-2011]
(1) 
Before issuing a certificate of occupancy, the official inspection agency shall examine or to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, alter, enlarge, repair or change the use or nature of occupancy, and may conduct such inspections, listed below, as it deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. There shall be maintained by the official inspection agency a record of all such inspections and examinations, together with a record of findings of violations of law, and copies of the same shall be filed with the Town of Greenfield.
(2) 
Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element or work, as applicable, described below is ready for inspection.
(a) 
Work site prior to the issuance of a building permit;
(b) 
Footing and foundation;
(c) 
Preparation for concrete slab;
(d) 
Framing;
(e) 
Building systems, including underground and rough-in;
(f) 
Fire-resistant construction;
(g) 
Fire-resistant penetrations;
(h) 
Solid-fuel-burning heating appliances, chimneys, flues, or gas vents;
(i) 
Energy Code compliance; and
(j) 
A final inspection after all work authorized by the building permit has been completed.
B. 
Existing buildings not subject to inspection under Subsection A of this section shall be subject to periodic inspections for compliance with the Uniform Code. Such inspections may be made at any reasonable time.
C. 
If entrance to make an inspection is refused or cannot be obtained, the Town of Greenfield, after being notified by the inspector of the situation, may apply to any court of competent jurisdiction for a warrant to make an inspection.
D. 
The periodic inspections to meet compliance with the above-mentioned provisions shall be agreed upon between the governing body and the official inspection agency.[1]
[1]
Editor's Note: Former Subsection E, added 8-10-1989 by L.L. No. 4-1989, concerning requirements upon observation of groundwater, which immediately followed this subsection, was repealed 9-8-2011 by L.L. No. 1-2011.
[Amended 12-28-1988 by L.L. No. 10-1988]
In accordance with § 382 of Article 18 of the Executive Law of the State of New York:
A. 
It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, equip, use or occupy any building or structure or portion thereof in violation of any provision of law or ordinance, as well as any rules or regulation promulgated by the municipality in accordance with applicable laws, or fail in any manner to comply with a notice or directive or order of the municipality, or to construct, alter, use or occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.
B. 
Any person who shall fail to comply with a written order within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any person taking part or assisting in the construction or use of the building who shall knowingly violate any of the applicable provisions of law or any lawful order, notice, directive, permit or certificate of the inspector made thereunder, shall be punishable by a fine or imprisonment, or both. Each week that a violation continues shall be deemed a separate offense.
C. 
Whenever the designated inspector finds that there has been a violation of the State Uniform Code, this chapter or any rule or regulation adopted pursuant to this chapter, a violation order shall be issued to the person or persons responsible by the issuing inspector.
D. 
Violation orders shall be in writing, shall identify the property or premises, shall specify the violation and remedial action to be taken, shall provide a reasonable time limit for compliance and shall state the time within which an appeal may be taken.
E. 
Violation orders may be served by personal service; by mailing by registered or certified mail; or by posting a copy thereof in a conspicuous place on the premises and by mailing a copy thereof to the premises on the same day as posted, enclosed in a prepaid wrapper addressed to the person responsible.
F. 
In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified, legal action shall be taken by the Town of Greenfield.
A. 
Failure to comply with any provision of the New York State Uniform Fire Prevention and Building Code, this chapter, rules or regulations adopted pursuant to this chapter or a violation order shall be deemed a violation and the violator shall be liable for a fine of not more than $1,000 or imprisonment not to exceed one year, or both, and each week such violation continues shall constitute a separate violation.
[Amended 12-28-1988 by L.L. No. 10-1988]
B. 
An action or proceeding in the name of the Town of Greenfield may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the Uniform Code, this chapter, any rules or regulations adopted pursuant to this chapter or a violation order, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.
C. 
Except as otherwise provided by law, such violation shall not be a crime and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the creditability as a witness, or otherwise, of any person found guilty of such an offense.
The inspector, upon showing of proper credentials and in the discharge of his duties, shall be permitted to enter upon any building, structure or premises, without interference, during reasonable working hours.
A. 
Any duly appointed inspector which is hereby authorized by the Town of Greenfield to make inspections and reinspections of all buildings and structures under construction, subject to the provisions of the New York State Fire Prevention and Building Code, and to approve and disapprove the same, will do so at no cost or expense of such inspections or reinspections against the Town of Greenfield.
B. 
A copy of the fee schedule will be kept on file with the Town of Greenfield and a copy will be part of the application packet.
C. 
Where applicable, the cost for the professional engineer's approval will be assumed by the applicant.
D. 
In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no work has commenced. If work has been started and the application is not approved, the fees paid shall not be refunded.
E. 
The cost estimate for all existing buildings or structures subject to periodic fire prevention inspections will be reviewed with the local Board of the Town of Greenfield on an annual basis.
F. 
Payment schedule for the fees addressed above can be remitted quarterly.
[Amended 11-12-2009 by L.L. No. 2-2009]
Whenever the inspector has reasonable grounds to believe that the work on any building or structure is being performed in violation of the provisions of the applicable building laws, ordinances, rules or regulations or not in conformity with the provisions of an application or in an unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent to suspend all work and suspend all building activities until the stop order has been rescinded. Such order and notice shall appear in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building where the work is being performed and sending a copy of the same to him by certified mail at the address set forth in the application for the permission for construction of such building.
[Amended 9-8-2011 by L.L. No. 1-2011]
A. 
Certificates of occupancy or certificates of compliance required. A certificate of occupancy or a certificate of compliance shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a building permit was previously issued shall be granted only by issuance of a certificate of occupancy or a certificate of compliance.
B. 
Issuance of certificates of occupancy or certificates of compliance. The Code Enforcement Officer shall issue a certificate of occupancy or a certificate of compliance if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a certificate of occupancy or a certificate of compliance. In addition, where the Uniform Building Code requires special inspections, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the certificate of occupancy or certificate of compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy or certificate of compliance:
(1) 
A written statement of structural observations and/or a final report of special inspections; and
(2) 
Flood hazard certifications.
C. 
Contents of certificates of occupancy or certificates of compliance. A certificate of occupancy or a certificate of compliance shall contain the following information:
(1) 
The building permit number, if any;
(2) 
The date of issuance of the building permit, if any;
(3) 
The name, address and Tax Map number of the property;
(4) 
If the certificate of occupancy or certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy or certificate of compliance is issued;
(5) 
The use and occupancy classification of the structure;
(6) 
The type of construction of the structure;
(7) 
The assembly occupant load of the structure, if any;
(8) 
If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;
(9) 
Any special conditions imposed in connection with the issuance of the building permit; and
(10) 
The signature of the Code Enforcement Officer issuing the certificate of occupancy or certificate of compliance and the date of issuance.
D. 
Temporary certificate. The Code Enforcement Officer shall be permitted to issue a temporary certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a building permit. However, in no event shall the Code Enforcement Officer issue a temporary certificate unless the Code Enforcement Officer determines that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely, that any fire- and smoke-detecting or fire-protection equipment which has been installed is operational, and that all required means of egress from the building or structure have been provided. The Code Enforcement Officer may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A temporary certificate shall be effective for a period of time, not to exceed six months, which shall be determined by the Code Enforcement Officer and specified in the temporary certificate. For good cause the temporary certificate may be renewed once for a maximum of three additional months. During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code.
E. 
Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy or a certificate of compliance or a temporary certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate.
A. 
The official inspection agency shall keep permanent official records of all transactions and activities conducted by it, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by the municipality and notices and orders issued. All such reports shall be public information, open to public inspection during normal business hours at the Greenfield Town Hall.
B. 
The official inspection agency shall annually submit to the Town of Greenfield a written report of all business conducted.
A. 
A Board of Review has been established for the purpose of granting variances where enforcement of any provision or requirement of the New York State Uniform Fire Prevention and Building Code results in practical difficulties or unnecessary hardships. Any such variation shall be consistent with the spirit of the code.
[Amended 12-28-1988 by L.L. No. 10-1988]
B. 
The Board of Review is composed of five members, one of whom is a registered architect licensed to practice in this state, one of whom is a professional engineer licensed to practice in this state, one of whom has a background in building code enforcement, one of whom has a background in fire prevention and one of whom is a businessman or a lawyer. One of the five members, in addition, is a local government official.
C. 
Each member of the Board of Review has been appointed by the Secretary of State and shall serve a term of three years.
D. 
The Board of Review shall have the power:
(1) 
To vary or modify, in whole or in part, any provision or requirement of the Uniform Code in cases where strict compliance with such provision or requirement would entail practical difficulties or unnecessary hardship or would otherwise be unwarranted; provided, however, that any such variance or modification will not substantially adversely affect provisions for health, safety and security and that equally safe and proper alternatives are prescribed.
(2) 
To hear and decide appeals from and review any order or determination, or the failure within a reasonable time to make any such order or determination by an administrative official charged with the enforcement of or purporting to enforce the Uniform Code.
E. 
The Town of Greenfield and the official inspection agency shall obtain a copy of the Board of Review's decision for its records.